Texas 2017 - 85th Regular

Texas Senate Bill SB515 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Taylor of Collin S.B. No. 515
2		-	(In the Senate - Filed January 18, 2017; February 6, 2017,
3		-	read first time and referred to Committee on Business & Commerce;
4		-	March 23, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 2; March 23, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 515 By: Creighton
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the right of certain public officers to access public
14	7		information, documents, records, and property; creating criminal
15	8		offenses.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Subtitle B, Title 6, Government Code, is amended
18	11		by adding Chapter 674 to read as follows:
19	12		CHAPTER 674. RIGHT OF ACCESS TO PUBLIC INFORMATION, BUILDINGS, AND
20	13		GROUNDS BY APPOINTED STATE BOARD MEMBERS
21	14		SUBCHAPTER A. GENERAL PROVISIONS
22	15		Sec. 674.001. DEFINITIONS. In this chapter:
23	16		(1) "Board member" means a member of a body, including
24	17		a board, commission, or committee:
25	18		(A) with more than one member;
26	19		(B) the members of which are appointed; and
27	20		(C) that supervises, manages, or controls a state
28	21		governmental body.
29	22		(2) "Public information" has the meaning assigned by
30	23		Section 552.002.
31	24		(3) "State governmental body" means a board,
32	25		commission, department, committee, institution, agency, or office
33	26		that is within the executive branch of state government. The term
34	27		does not include a private entity that spends or is supported wholly
35	28		or partly by public funds.
36	29		SUBCHAPTER B. RIGHT OF ACCESS TO INFORMATION
37	30		Sec. 674.051. RIGHT OF ACCESS TO INFORMATION. (a) This
38		-	section does not apply to public information that is excepted from
39		-	disclosure under:
40		-	(1) Section 552.108; or
41		-	(2) Section 552.119.
	31	+	section does not apply to public information that is confidential
	32	+	or excepted from disclosure under:
	33	+	(1) Section 552.0038;
	34	+	(2) Section 552.108;
	35	+	(3) Section 552.119; or
	36	+	(4) Section 552.147.
42	37		(b) A board member has a right of access to information that
43	38		is public information of the state governmental body to which the
44	39		member is appointed.
45	40		Sec. 674.052. PROVISION OF INFORMATION. (a) A state
46	41		governmental body on request by a board member of the governmental
47	42		body shall provide public information to which the member has a
48	43		right of access, including confidential information or information
49	44		otherwise excepted from disclosure, to the member in accordance
50	45		with Chapter 552.
51	46		(b) A state governmental body, by providing public
52	47		information under this section that is confidential or otherwise
53	48		excepted from disclosure under law, does not waive or affect the
54	49		confidentiality of the information for purposes of state or federal
55	50		law or waive the right of the governmental body to assert exceptions
56	51		to disclosure of the information in the future.
57	52		Sec. 674.053. CONFIDENTIALITY AGREEMENT. (a) A state
58		-	governmental body may require a board member requesting information
59		-	under this subchapter or a designated employee of the requesting
60		-	member who will view or handle information that is received under
61		-	this subchapter and that is confidential or otherwise excepted from
62		-	disclosure under law to sign a confidentiality agreement that
63		-	covers the information and requires that:
	53	+	governmental body shall require a board member requesting
	54	+	information under this subchapter or a designated employee of the
	55	+	requesting member who will view or handle information that is
	56	+	received under this subchapter and that is confidential or
	57	+	otherwise excepted from disclosure under law to sign a
	58	+	confidentiality agreement that covers the information and requires
	59	+	that:
64	60		(1) the information not be disclosed outside the
65	61		office of the requesting member;
66	62		(2) the information be labeled as confidential;
67	63		(3) the information be kept securely; or
68	64		(4) the number of copies made of the information or the
69	65		notes taken from the information that implicate the confidential
70	66		nature of the information be controlled, with all copies or notes
71	67		that are not destroyed or returned remaining confidential and
72	68		subject to the confidentiality agreement.
73	69		(b) An individual required to sign a confidentiality
74	70		agreement under Subsection (a) may seek a decision as provided by
75	71		Section 674.054 about whether the information covered by the
76	72		confidentiality agreement is confidential or otherwise excepted
77	73		from disclosure under law. A confidentiality agreement signed
78	74		under Subsection (a) is void to the extent that the agreement covers
79	75		information that is finally determined under Section 674.054 to not
80	76		be confidential or otherwise excepted from disclosure under law.
81	77		Sec. 674.054. DECISION BY ATTORNEY GENERAL REGARDING
82	78		CONFIDENTIALITY OR DISCLOSURE. (a) A board member requesting
83	79		information under this subchapter may seek a decision from the
84	80		attorney general about whether the information covered by a
85	81		confidentiality agreement under Section 674.053 is confidential or
86	82		otherwise excepted from disclosure under law.
87	83		(b) The attorney general by rule shall establish procedures
88	84		and deadlines for:
89	85		(1) receiving information necessary to determine
90	86		whether the information covered by a confidentiality agreement is
91	87		confidential or otherwise excepted from disclosure under law; and
92	88		(2) receiving briefs from a requesting board member, a
93	89		state governmental body, and any other interested person.
94	90		(c) The attorney general shall render the decision not later
95	91		than the 45th business day after the date the attorney general
96	92		receives the request for a decision. If the attorney general is
97	93		unable to issue the decision within the 45-day period, the attorney
98	94		general may during that 45-day period extend the period for issuing
99	95		the decision by an additional 10 business days by informing the
100	96		requesting board member, the state governmental body, and any
101	97		interested person who submitted necessary information or a brief to
102	98		the attorney general of the reason for the delay.
103	99		(d) The attorney general shall issue a written decision and
104	100		provide a copy of the decision to the requesting board member, the
105	101		state governmental body, and any interested person who submitted
106	102		necessary information or a brief to the attorney general under this
107	103		section.
108	104		(e) The requesting board member or the state governmental
109	105		body may appeal a decision of the attorney general under Subsection
110	106		(d) to a district court. A person may appeal a decision of the
111	107		attorney general under Subsection (d) to a district court if the
112	108		person claims a proprietary interest in the information affected by
113	109		the decision or a privacy interest in the information that a
114	110		confidentiality law or judicial decision is designed to protect.
115	111		Sec. 674.055. EFFECT OF SUBCHAPTER. (a) This subchapter
116	112		does not affect:
117	113		(1) the right of a board member to obtain information
118	114		under other law;
119	115		(2) the procedures under which the information is
120	116		obtained under other law; or
121	117		(3) the use that may be made of the information
122	118		obtained under other law.
123	119		(b) This subchapter does not grant authority to a state
124	120		governmental body to withhold information from a board member.
125	121		SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY
126	122		Sec. 674.101. RIGHT OF ACCESS TO PUBLIC PROPERTY.
127	123		(a) This section does not apply to:
128		-	(1) the office of another board member;
	124	+	(1) the personal office of:
	125	+	(A) an elected or appointed officer; or
	126	+	(B) an employee of the state governmental body;
129	127		(2) a room that contains a criminal forensic
130	128		laboratory; or
131	129		(3) a room in which criminal evidence is stored.
132	130		(b) Notwithstanding any other provision of law and except as
133	131		provided by Subsection (a), a board member has a right of access to
134	132		any building, structure, room, land, or body of water owned or
135	133		leased by or under the exclusive control of the state governmental
136	134		body to which the member is appointed.
137	135		Sec. 674.102. ACCESS TO PROPERTY. (a) A person who is
138	136		authorized to control access to property described by Section
139	137		674.101(b) shall provide a board member of the state governmental
140	138		body access to the property if the member:
141	139		(1) requests access to the property as a board member;
142	140		and
143	141		(2) presents an acceptable form of identification
144	142		described by Section 63.0101, Election Code.
145	143		(b) The authorized person must provide access to property
146	144		under this section not later than the 10th business day following
147	145		the date the request for access is made by the requesting board
148	146		member.
	147	+	(c) A board member may not remove personal property from
	148	+	property to which the member is provided access under this section.
149	149		SUBCHAPTER D. ENFORCEMENT
150	150		Sec. 674.151. DISTRIBUTION OR MISUSE OF CONFIDENTIAL
151	151		INFORMATION. (a) A person who is a recipient of confidential
152	152		information under Subchapter B commits an offense if the person
153	153		knowingly:
154	154		(1) permits inspection of the confidential
155	155		information by a person who is not authorized to inspect the
156	156		information; or
157	157		(2) discloses the confidential information to a person
158	158		who is not authorized to receive the information.
159	159		(b) An offense under this section is a misdemeanor
160	160		punishable by:
161	161		(1) a fine of not more than $1,000;
162	162		(2) confinement in the county jail for not more than
163	163		six months; or
164	164		(3) both the fine and confinement.
165	165		(c) A violation under this section constitutes official
166	166		misconduct.
167	167		SECTION 2. Subtitle C, Title 6, Local Government Code, is
168	168		amended by adding Chapter 206 to read as follows:
169	169		CHAPTER 206. RIGHT OF ACCESS TO INFORMATION BY CERTAIN PUBLIC
170	170		OFFICERS
171	171		Sec. 206.001. DEFINITIONS. In this chapter:
172	172		(1) "County governmental body":
173	173		(A) means:
174	174		(i) a county commissioners court;
175	175		(ii) a deliberative body that has
176	176		rulemaking or quasi-judicial power and that is classified as a
177	177		department, agency, or political subdivision of a county;
178	178		(iii) a county board of school trustees;
179	179		(iv) a county board of education; or
180	180		(v) the part, section, or portion of a
181	181		county, county board of school trustees, or county board of
182	182		education described by Section 552.003(1)(A)(xii), Government
183	183		Code, that is a governmental body for purposes of Chapter 552,
184	184		Government Code; and
185	185		(B) does not include:
186	186		(i) the judiciary; or
187	187		(ii) a private entity that spends or is
188	188		supported wholly or partly by public funds.
189	189		(2) "County officer" means an elected or appointed
190	190		officer of a county governmental body.
191	191		(3) "Municipal governmental body":
192	192		(A) means:
193	193		(i) the governing body of a municipality;
194	194		(ii) a deliberative body that has
195	195		rulemaking or quasi-judicial power and that is classified as a
196	196		department, agency, or political subdivision of a municipality; or
197	197		(iii) the part, section, or portion of a
198	198		municipality described by Section 552.003(1)(A)(xii), Government
199	199		Code, that is a governmental body for purposes of Chapter 552,
200	200		Government Code; and
201	201		(B) does not include:
202	202		(i) the judiciary; or
203	203		(ii) a private entity that spends or is
204	204		supported wholly or partly by public funds.
205	205		(4) "Municipal officer" means an elected or appointed
206	206		officer of a municipal governmental body.
207	207		(5) "Public information" has the meaning assigned by
208	208		Section 552.002, Government Code.
209	209		(6) "Special district" means a political subdivision
210	210		of this state that has a limited geographic area and is created by
211	211		local law or under general law for a special purpose.
212	212		(7) "Special district officer" means a member of the
213	213		governing body of a special district.
214	214		Sec. 206.002. RIGHT OF ACCESS TO INFORMATION. (a) This
215		-	section does not apply to public information that is excepted from
216		-	disclosure under:
217		-	(1) Section 552.108, Government Code; or
218		-	(2) Section 552.119, Government Code.
	215	+	section does not apply to public information that is confidential
	216	+	or excepted from disclosure under:
	217	+	(1) Section 552.0038, Government Code;
	218	+	(2) Section 552.108, Government Code;
	219	+	(3) Section 552.119, Government Code; or
	220	+	(4) Section 552.147, Government Code.
219	221		(b) A county officer has a right of access to information
220	222		that is public information of the county governmental body to which
221	223		the county officer is elected or appointed.
222	224		(c) A municipal officer has a right of access to information
223	225		that is public information of the municipal governmental body to
224	226		which the municipal officer is elected or appointed.
225	227		(d) A special district officer has a right of access to
226	228		information that is public information of the district.
227	229		Sec. 206.003. PROVISION OF INFORMATION. (a) A county
228	230		governmental body on request by a county officer of the
229	231		governmental body, a municipal governmental body on request by a
230	232		municipal officer of the governmental body, or a special district
231	233		on request by a special district officer of the district shall
232	234		provide public information to which the officer has a right of
233	235		access, including confidential information or information
234	236		otherwise excepted from disclosure, to the officer in accordance
235	237		with Chapter 552, Government Code.
236	238		(b) A county governmental body, municipal governmental
237	239		body, or special district, by providing public information under
238	240		this section that is confidential or otherwise excepted from
239	241		disclosure under law, does not waive or affect the confidentiality
240	242		of the information for purposes of state or federal law or waive the
241	243		right of the governmental body or special district to assert
242	244		exceptions to disclosure of the information in the future.
243	245		Sec. 206.004. CONFIDENTIALITY AGREEMENT. (a) A county
244	246		governmental body, municipal governmental body, or special
245		-	district ~~may~~ require an officer requesting information under this
	247	+	district shall require an officer requesting information under this
246	248		chapter or a designated employee of the requesting officer who will
247	249		view or handle information that is received under this chapter and
248	250		that is confidential or otherwise excepted from disclosure under
249	251		law to sign a confidentiality agreement that covers the information
250	252		and requires that:
251	253		(1) the information not be disclosed outside the
252	254		office of the requesting officer;
253	255		(2) the information be labeled as confidential;
254	256		(3) the information be kept securely; or
255	257		(4) the number of copies made of the information or the
256	258		notes taken from the information that implicate the confidential
257	259		nature of the information be controlled, with all copies or notes
258	260		that are not destroyed or returned remaining confidential and
259	261		subject to the confidentiality agreement.
260	262		(b) An individual required to sign a confidentiality
261	263		agreement under Subsection (a) may seek a decision as provided by
262	264		Section 206.005 about whether the information covered by the
263	265		confidentiality agreement is confidential or otherwise excepted
264	266		from disclosure under law. A confidentiality agreement signed
265	267		under Subsection (a) is void to the extent that the agreement covers
266	268		information that is finally determined under Section 206.005 to not
267	269		be confidential or otherwise excepted from disclosure under law.
268	270		Sec. 206.005. DECISION BY ATTORNEY GENERAL REGARDING
269	271		CONFIDENTIALITY OR DISCLOSURE. (a) An officer requesting
270	272		information under this chapter may seek a decision from the
271	273		attorney general about whether the information covered by a
272	274		confidentiality agreement under Section 206.004 is confidential or
273	275		otherwise excepted from disclosure under law.
274	276		(b) The attorney general by rule shall establish procedures
275	277		and deadlines for:
276	278		(1) receiving information necessary to determine
277	279		whether the information covered by a confidentiality agreement is
278	280		confidential or otherwise excepted from disclosure under law; and
279	281		(2) receiving briefs from a requesting officer, a
280	282		county governmental body, municipal governmental body, or special
281	283		district, as applicable, and any other interested person.
282	284		(c) The attorney general shall render the decision not later
283	285		than the 45th business day after the date the attorney general
284	286		receives the request for a decision. If the attorney general is
285	287		unable to issue the decision within the 45-day period, the attorney
286	288		general may during that 45-day period extend the period for issuing
287	289		the decision by an additional 10 business days by informing the
288	290		requesting officer, the county governmental body, municipal
289	291		governmental body, or special district, as applicable, and any
290	292		interested person who submitted necessary information or a brief to
291	293		the attorney general of the reason for the delay.
292	294		(d) The attorney general shall issue a written decision and
293	295		provide a copy of the decision to the requesting officer, the county
294	296		governmental body, municipal governmental body, or special
295	297		district, as applicable, and any interested person who submitted
296	298		necessary information or a brief to the attorney general under this
297	299		section.
298	300		(e) The requesting officer or the county governmental body,
299	301		municipal governmental body, or special district, as applicable,
300	302		may appeal a decision of the attorney general under Subsection (d)
301	303		to a district court. A person may appeal a decision of the attorney
302	304		general under Subsection (d) to a district court if the person
303	305		claims a proprietary interest in the information affected by the
304	306		decision or a privacy interest in the information that a
305	307		confidentiality law or judicial decision is designed to protect.
306	308		Sec. 206.006. DISTRIBUTION OR MISUSE OF CONFIDENTIAL
307	309		INFORMATION. (a) A person who is a recipient of confidential
308	310		information under this chapter commits an offense if the person
309	311		knowingly:
310	312		(1) permits inspection of the confidential
311	313		information by a person who is not authorized to inspect the
312	314		information; or
313	315		(2) discloses the confidential information to a person
314	316		who is not authorized to receive the information.
315	317		(b) An offense under this section is a misdemeanor
316	318		punishable by:
317	319		(1) a fine of not more than $1,000;
318	320		(2) confinement in the county jail for not more than
319	321		six months; or
320	322		(3) both the fine and confinement.
321	323		(c) A violation under this section constitutes official
322	324		misconduct.
323	325		Sec. 206.007. EFFECT OF CHAPTER. (a) This chapter does
324	326		not affect:
325	327		(1) the right of a county officer, municipal officer,
326	328		or special district officer to obtain information under other law;
327	329		(2) the procedures under which the information is
328	330		obtained under other law; or
329	331		(3) the use that may be made of the information
330	332		obtained under other law.
331	333		(b) This chapter does not grant authority to a county
332	334		governmental body, municipal governmental body, or special
333	335		district to withhold information from a county officer, municipal
334	336		officer, or special district officer.
335	337		SECTION 3. The heading to Subtitle C, Title 9, Local
336	338		Government Code, is amended to read as follows:
337	339		SUBTITLE C. PUBLIC BUILDINGS AND GROUNDS [BUILDING] PROVISIONS
338	340		APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
339	341		SECTION 4. The heading to Chapter 305, Local Government
340	342		Code, is amended to read as follows:
341	343		CHAPTER 305. MISCELLANEOUS PUBLIC BUILDINGS AND GROUNDS [BUILDING]
342	344		PROVISIONS [AFFECTING MUNICIPALITIES AND COUNTIES]
343	345		SECTION 5. Chapter 305, Local Government Code, is amended
344	346		by adding Subchapter C to read as follows:
345	347		SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY BY CERTAIN PUBLIC
346	348		OFFICERS
347	349		Sec. 305.021. DEFINITION. In this subchapter, "political
348	350		subdivision" means a county, municipality, school district, junior
349	351		college district, other special district, or other subdivision of
350	352		state government.
351	353		Sec. 305.022. RIGHT OF ACCESS TO PUBLIC PROPERTY.
352	354		(a) This section does not apply to:
353		-	(1) the office of another member of the governing body
354		-	of the political subdivision;
	355	+	(1) the personal office of:
	356	+	(A) an elected or appointed officer; or
	357	+	(B) an employee of the political subdivision;
355	358		(2) a room that contains a criminal forensic
356	359		laboratory; or
357	360		(3) a room in which criminal evidence is stored.
358	361		(b) Notwithstanding any other provision of law and except as
359	362		provided by Subsection (a), a member of the governing body of a
360	363		political subdivision has a right of access to any building,
361	364		structure, room, land, or body of water owned or leased by or under
362	365		the exclusive control of the political subdivision to which the
363	366		member is elected or appointed.
364	367		Sec. 305.023. ACCESS TO PROPERTY. (a) A person who is
365	368		authorized to control access to property described by Section
366	369		305.022(b) shall provide a member of the governing body of the
367	370		political subdivision access to the property if the member:
368	371		(1) requests access to the property as a member of the
369	372		governing body; and
370	373		(2) presents an acceptable form of identification
371	374		described by Section 63.0101, Election Code.
372	375		(b) The authorized person must provide access to property
373	376		under this section not later than the 10th business day following
374	377		the date the request for access is made by the requesting member of
375	378		the governing body.
	379	+	(c) A member of the governing body of a political
	380	+	subdivision may not remove personal property from property to which
	381	+	the member is provided access under this section.
376	382		SECTION 6. Not later than January 1, 2018, the attorney
377	383		general shall adopt rules establishing the procedures and deadlines
378	384		required by Section 674.054(b), Government Code, as added by this
379	385		Act, and Section 206.005(b), Local Government Code, as added by
380	386		this Act.
381	387		SECTION 7. Subchapter B, Chapter 674, Government Code, as
382	388		added by this Act, and Chapter 206, Local Government Code, as added
383	389		by this Act, apply only to a request for information received on or
384	390		after the effective date of this Act. A request for information
385	391		received before the effective date of this Act is governed by the
386	392		applicable law in effect immediately before the effective date of
387	393		this Act, and that law is continued in effect for that purpose.
388	394		SECTION 8. (a) Except as provided by Subsection (b) of
389	395		this section, this Act takes effect January 1, 2018.
390	396		(b) Section 6 of this Act takes effect immediately if this
391	397		Act receives a vote of two-thirds of all the members elected to each
392	398		house, as provided by Section 39, Article III, Texas Constitution.
393	399		If this Act does not receive the vote necessary for immediate
394	400		effect, Section 6 of this Act takes effect September 1, 2017.
395		-	* * * * *